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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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Halifax/Birmingham Midshires - repeated warrants/eviction/repo attempts **RESOLVED AGAIN**


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they will always say that to frighten people

which is why you NEVER use the phone!!

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 months later...

Hi,

 

Just to update the forum, I have been making all payments on time since January 2019. This includes contractual monthly payment plus £500 towards the arrears. 

 

As I have paid 6 months payments on time, can I ask BM to capitalise the arrears? Last week I received phone call from BM to discuss my account but i asked them to send me in writing. 

 

Can you guys please advice whether I should request BM to capitalise the arrears as currently mortgage is showing in arrears on my credit report file. I am looking to remortgage 12 months after all payments appear on time on credit report.

 

Thanks.

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Usually you can only do this on first mortgage arrears, and usually only if the value of your home is a lot more than the mortgage. The amount you owe in arrears is added to your total mortgage.(Capital) Obviously your monthly payments will go up and repayment of the arrears are therefore spread over the rest of the term of your mortgage.
 

BM may be more likely to agree to capitalise the arrears if you have already kept to a repayment agreement for some months....which you have...and BM will usually view capitalising the arrears as a last resort option.

 

Andy

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Thanks Andy. The loan on the property is about the 50% of the property value, so lot of equity. 

 

is there any harm in writing to BM to request capitalising the interest or you suggest to wait few more months? Can anyone help with the letter template?

 

Thanks.

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Well several months is quite  steady...no harm in requesting.

 

Check The LIbrary we may already have a template ?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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So they never did apply for eviction?

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Hi Ell-enn,

 

no they didn't apply for eviction.

They applied for extension to the reposession order that was granted in 2009.

They asked for the remaining term on the mortgage but court only granted 12 months starting from January 2019.

 

Since January this year I have been making regular payments.

They didn't agree on payments towards arrears but since i have made payments for last 6 months I want the arrears to be capitalised.

 

They in the past capitalised arrears.

Last time was about 3 or 4 years ago. 

 

I don't want to call them but email if you suggest no harm in trying.

 

Thanks.

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  • 2 months later...

Hi,

I made all payments on time since January this year.

August payment was due on 27th August but due to delay in payments from my client I couldn't pay on 27th August. 

I made the late payment on 6th September.

So few days late.

 

Today I received letter from Birmingham midshire dated 2nd September.

This was before I made payment.

Letter says I missed the August payment and there are arrears so I need to contact them and bring account up to date to avoid repossession as they have repossession order.

 

Arrears are about £13k. I am not in position to clear these arrears but I can keep paying normal monthly payment. 

 

I already paid August payment but few days late.

I don't want to call them to get trapped by them over the phone. 

 

Please advise if I really need to contact them or just keep paying normal monthly payments although there are arrears.

 

I have been paying regularly now for 8 months.

Can I request them to add arrears to capital??

 

Please advise if I should contact them regarding the letter or just keep paying the monthly payments?

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you should never ring nor email

write using 2nd class mail.

 

typically once 6mts of required payments are made successfully most lender allow capitalisation.

 

did you ever SAR them

and see how much of this debt is unlawful penalty fees??

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi, thank you for your reply. 

 

I haven't asked for SAR but will request. 

 

I am going to write them and request to capitalize arrears. I am worried that because of late payment in August by 10 days they will refuse my request and demand full payment of arrears. 

 

Kind regards, 

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doubt it.

it was only a request to contact.

the issue is now resolved.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Hi, I wrote to Birmingham midshire 2 weeks ago to request adding arrears to mortgage balance, I included income and expenditure with my request and sent through recorded delivery. 

 

I am very disappointed to see the attached letter from them this morning.  They have completely ignored my request and income and expenditure. Asking me to call them. 

 

Any suggestions please,  I am looking to remortgage next year and really want to be arrears free.

 

Please advise what should be my next step. 

 

Thanks 

 

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prob just a std letter.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi, 

 

I have received another letter attached. As I mentioned in my previous post I sent recorded delivery letter to them requesting to add arrears to mortgage balance.  They ignored that letter,  sent me letter to request call them, I ignored that letter,  now they have involved this agency. 

 

I don't want to discuss over the phone as one of reasons I am in arrears is because how my calls were handled over the phone. 

 

Please advise shall I send them another letter or contact this agency to discuss?

 

 

If I don't contact them now they will have reason to take me to court that there are arrears and no repayment plan is in place. 

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please try and remember to use PDF 

else you are opening yourself up to them finding your thread and ID'in you.

PDF's can only be seen by logged in  users of CAG

posting images directly to screen can be seen by everyone even outside of CAG.

 

these people simply charge you +£100 for a visit

if you wish to WRITE

tell them they will be ignored

and have zero legal powers to do anything.

visit invitation refused.

 

up to you

 

I've removed all the images now

please ONLY user PDF

read upload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you. I didn't know but will use pdf in future. 

 

Are you telling me if I wish to write I can say to BM that  don't accept invitation by agents as I will end up paying £100?

 

Am I look legally bound to contact them on phone? How can they. Ppl persuade me to call them over the phone?

 

If I keep ignoring their request to contact them on phone can they take me to court for outstanding arrears with no payment plan in ppl place?

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cant KEEP saying this more than i already have multiple times

you never ever use phone nor email.

 

you were simply a bit late.

forget their nonsense.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Hi,

 

I wrote to Birmingham Midshire few times and enclosing income and expenditure but no response from them. I complained and received the attached letter upholding my complaint and offered £50.

 

Also mentioned that they can't capitalize arrears because no payment in August and asking me to call them. August payment wasn't missed but Late by 10 or 12 days.

 

Now I have received letters from their solicitor and Birmingham midshire that I need to either pay arrears in full or contact them by phone to agree on repayment of arrears or they will apply to court for eviction date.

 

I am very distressed as I have been paying monthly payments since January and kept writing to them but because of last year's arrears they are applying for eviction date. 

 

I don't want them to apply for eviction date but if I call them their staff will again not positively deal with my account over the phone. 

 

Do I  have any options at this stage?

 

I have attached copy of letters. 

 

Please help as I need to call them tomorrow. 

 

 

Scanned_20191111-1908.pdf Scanned_20191111-1911.pdf

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Very unfair

Write ba k to him

 

Tell him you do not consider the complaint closed

 

BMS have failed to research my payment history correctly

Aug 19 was met but late because xxxx

I do not believe the refusal of no cap is fair.

 

There is no legal requirement for me to discuss anything by phone and i have been very intimate d by your companies previous treatment toward myself over the phone.

 

I will only communicate by writing

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you, I  will reply to the complaints team but the eviction team and their solicitors will continue with their application for eviction date. 

 

I am worried that if I don't call the eviction team I will lose the opportunity to stop eviction before it goes to court. I don't want to challenge the eviction after court order. 

 

Is El-Enn not in the forum?

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You do not call anyone!!

 

Its says ask not the will anything..

Simply designed to make you panic

add to your letter back something like please advise xxx of the same

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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What shall I add to letter, ex of the same?

 

What if I call for the last time and warn them I am recording the phone call?

 

I think if I don't call they will will apply for the eviction date. I can't afford to fight the eviction with 4 children and mother living w I'll l me.

 

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Advise whomever sent the vailed threat of eviction

 

You do not call then

Stop panicking

 

Write!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi there you need to write to them again explaining the August payment.   I can help you with the letter but it will be later this morning as I am at work and quite busy at the moment.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi, managed to get letter done, (affixed) make sure it is sent by special delivery so they get it the next day.

WA 1306 letter Nov 19.doc

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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